the United Kingdom, and any person desiring to peruse them there shall be entitled to do so.

Notice of Investigation.

5. When a formal investigation into a shipping casualty has been ordered, the Board of Trade may cause a notice, to be called a Notice of Investigation, to be served upon the owner, master, and officers of the ship, as well as upon any person who may appear to have in any way contributed to the casualty. Form of the notice of investigation will be found in the Appendix No. 1.

Parties.

6. The Board of Trade, and any certificated officer upon whom a notice of investigation has been served, shall be deemed to be parties to the proceedings.

7. Any other person upon whom a notice of investigation has been served, and any person who shows that he has an interest in the investigation, shall have a right to appear, and shall thereupon become a party to the proceedings.

8. Any other person may, by permission of the judge, appear, and shall thereupon become a party to the proceedings.

Notice to produce.

9. A party may give to any other party notice in writing to produce any documents (saving all just exceptions) relating to the matters in difference between them, and which are in the possession or under the control of such other party; and if the notice is not complied with, secondary evidence of the contents of the documents may be given by the party who gave the notice.

Notice to admit.

10. A party may give to any other party notice in writing to admit any documents (saving all just exceptions); and in case of neglect or refusal to admit after such notice, the party so neglecting or refusing shall be liable for all the costs of proving the documents, whatever may be the result, unless the court is of opinion that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice has, in the opinion of the officer by whom the costs are taxed, been a saving of expense.

Witnesses.

11. The wreck commissioner may issue subpoenas for the attendance of witnesses either before himself or before any other judge, and such subpoenas shall be as nearly as possible in the form used in the High Court of Justice, and may be served, and shall have effect, in any part of the United Kingdom.

Affidavits.

12. Affidavits may, by permission of the judge, be used as evidence at the hearing, when sworn to in any of the following ways, viz.:—

In the United Kingdom, before the judge, or before a person authorized to administer oaths in the Supreme Court of Judicature, or before a stipendiary magistrate, or before a justice of the peace for the county or place where it is sworn or made. In any place in the British dominions out of the United Kingdom, before any court, judge, or justice of the peace, or any person authorized to administer oaths in any court in that place.

In any place out of the British dominions, before a British minister, consul, viceconsul, or notary public, or before a judge or magistrate, whose signature is authenticated by the official seal of the court to which such judge or magistrate is attached.

Proceedings in Court.

13. At the time and place appointed for holding the investigation, the court may proceed to hear and adjudicate upon the case, whether the parties, upon whom a notice of investigation has been served, or any of them, are present or not.

14. The Board of Trade shall first produce any witnesses whom they may wish to examine, and who can give material evidence in regard to the casualty, whether they were or were not on board the ship at the time.

15. The witnesses shall be cross-examined by the parties in such order as the judge may direct, and may be re-examined by the Board of Trade.

16. On the completion of their examination, the Board of Trade shall state in open court upon what questions in reference to the causes of the casualty, and the conduct of

any persons connected therewith, they desire the opinion of the court; and if any person whose conduct is in question is a certificated officer, they shall also state in open court whether in their opinion his certificate should be dealt with.

17. The Board of Trade and any other party may thereupon produce further witnesses, who shall be examined, cross-examined, and re-examined in such order as the judge may direct.

18. When the whole of the evidence is concluded, the parties shall be heard in such order as the judge may direct, and the Board of Trade shall be heard in reply.

19. The judge may adjourn the court from time to time, and from place to place, as he may think fit.

20. Except when the certificate of an officer is cancelled or suspended, in which case the decision shall always be given in open court, the judge may deliver the decision of the court either vivâ voce or in writing; and, if in writing, it may be sent or delivered to the respective parties, and it shall not be necessary to hold a court merely for the purpose of giving the decision.

21. The judge may, if he thinks fit, order the costs and expenses of the proceedings, or any part thereof, to be paid by either the Board of Trade, or by any other party to the proceedings. Form of order for payment of costs will be found in the Appendix No. 2.

22. At the conclusion of the case the judge shall report to the Board of Trade. Form of the report will be found in the Appendix No. 3.

Computation of Time.

23. In computing the number of days within which any act is to be done, they shall be reckoned exclusive of the first day and inclusive of the last day, unless the last day shall happen to fall on a Sunday, Christmas-day, or Good Friday, or on a day appointed for a public fast or thanksgiving, in which case the time shall be reckoned exclusive of that day also.

Service of Notices, &c.

24. Any notice, summons, or other document issuing out of the court may be served by post.

25. The service of any notice, summons, or other document may be proved by the oath or affidavit of the person by whom it was served.

Repealing Clause.

26. The Shipping Casualties Rules, 1876, except as to the cases in which an order for a formal investigation shall have been made previous to the 1st day of October, 1878, are hereby revoked. CAIRNS, C.

Dated this 28th day of July, 1878.

APPENDIX.

The following forms shall be used, as far as possible, with such alterations as circumstances may require, but no deviation from the prescribed forms shall invalidate the proceedings, unless the judge shall be of opinion that the deviation was material.

To

No. 1.-Notice of Investigation.

of

master, mate, engineer, owner, &c. of or belonging to the ship I hereby give you notice that the Board of Trade have ordered a formal investigation to be held into the circumstances attending the and that subjoined hereto is a copy of the report [or statement of the case], upon which the said investigation has been ordered. I further give you notice to produce to the court [your Board of Trade certificate, the log books of the vessel, and] any [other] documents relevant to this case which may be in your possession. Dated this

day of

18

Copy report (or statement of case).

Solicitor, Board of Trade.

No. 2.-Order on a party for Payment of Costs of Investigation.

In the matter of a formal investigation held at

assisted by

on the (here state all the days on which into the circumstances attending

do pay to the solicitor to the Board of Trade [the sum of

The court, having carefully inquired into the circumstances attending the above-mentioned shipping casualty, finds, for the reasons stated in the annex hereto, that the (here state finding of the court).

Dated this

day of

18 .

Judge.

Annex to the Report.

(Here state fully the circumstances of the case, the opinion of the court touching the causes of the casualty, and the conduct of any persons implicated therein, and whether the certificate of any officer is to be either suspended or cancelled, and if so for what reasons.)

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